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Section 16: Texas Education Code

The Texas Education Code (TEC) is referenced throughout the manual. This section is printed from the Texas Education Agency’s web site: http://www.tea.state.tx.us/

16.1 TEC §31.103. Textbook Requisitions.

  1. Not later than the seventh day after the first school day in April, each principal shall report the maximum attendance for the school to the superintendent. Not later than April 25, the superintendent of a school district or the chief operating officer of an open-enrollment charter school shall report the district's or school's maximum attendance to the commissioner.
  2. A requisition for textbooks for the following school year shall be based on the maximum attendance reports under Subsection (a), plus an additional 10 percent, except as otherwise provided. A school district or open-enrollment charter school shall make a requisition for a textbook on the conforming or nonconforming list through the commissioner to the state depository designated by each publisher or as provided by State Board of Education rule, as applicable, not later than June 1 of each year. The designated state depository or other storage facility shall fill a requisition approved by the agency at any other time in the case of an emergency.
    Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

16.2 TEC Sec. 31.104 Distribution and Handling

  1. The board of trustees of a school district or the governing body of an open-enrollment charter school may delegate to an employee the authority to requisition, distribute, and manage the inventory of textbooks in a manner consistent with this chapter and rules adopted under this chapter.
  2. A school district or open-enrollment charter school may order directly from the textbook depository replacements for textbooks that have been lost or damaged.
  3. Each textbook must state that the textbook is the property of or is licensed to this state, as appropriate. A school district or open-enrollment charter school must number or place another identifying mark on each textbook. Each teacher shall keep a record of the number or other identifying mark of each textbook issued to each student. Each textbook, other than an electronic textbook, must be covered by the student under the direction of the teacher. Subject to availability, each school district or open-enrollment charter school shall, at the request of a parent or guardian of a student enrolled in the district or school, allow the student to take home any textbook, other than an electronic textbook, used by the student. The student must return the textbook to school at the beginning of the next school day. A student must return all textbooks to the teacher at the end of the school year or when the student withdraws from school.
  4. Each student, or the student's parent or guardian, is responsible for each textbook not returned by the student. A student who fails to return all textbooks forfeits the right to free textbooks until each textbook previously issued but not returned is paid for by the student, parent, or guardian. As provided by policy of the board of trustees or governing body, a school district or open-enrollment charter school may waive or reduce the payment requirement if the student is from a low-income family. The district or school shall allow the student to use textbooks at school during each school day. If a textbook is not returned or paid for, the district or school may withhold the student's records. A district or school may not, under this subsection, prevent a student from graduating, participating in a graduation ceremony, or receiving a diploma.
    Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

The following section of the Texas Administrative Code is taken from the TEA website.

16.3 Texas Administrative Code

TAC §66.107 Local Accountability

  1. Each school district or open-enrollment charter school shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by, and delivered to, the district. The results of the inventory shall be recorded in the district's files. Reimbursement and/or replacement shall be made for all instructional materials determined to be lost.

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